Jo-Anna Nieves
Founding Attorney
Oakland Drug Laws
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Oakland drug laws prohibit the possession, transportation, or sale of illegal drugs. Controlled substances in Oakland are defined by statute, but the most common are cocaine, methamphetamine, heroin, other opioids, and PCP, otherwise known as angel dust. Drug sales and trafficking in opioids or cocaine are the primary drug crimes commonly seen in Oakland.
Oakland judges and prosecutors take drug crimes seriously, and those arrested face serious penalties. An experienced criminal defense attorney could explain the nuance of Oakland drug laws and work to mitigate a defendant’s charges. Call today and set up a consultation with a skilled drug lawyer.
Drugs considered more dangerous and more addictive have greater penalties under the Oakland drug laws. The California Health and Safety Code identifies the schedules of narcotics in California and follows federal law. There are five classes of narcotics with Schedule 1 drugs having more penalties because of their potential for abuse and addiction. As a result, some drugs are penalized more harshly than others, including cocaine and PCP.
One of the prime exceptions that enables one to legally interact with drugs is Oakland’s treatment of marijuana. Under state law, it is legal for adults over 21 to possess up to an ounce of flowers and up to four grams of concentrated cannabis for private use.
Depending on the drug in question and the nature of the allegedly criminal behavior, an attorney might do one of two things right away to minimize the impact of a drug charge. First, the attorney may try to draw suspicion about the manner in which the drugs were discovered or located. Often, Oakland police may search someone’s home, car, or person without a warrant. An attorney could challenge the way the search was conducted and try to bar the evidence found in the search from coming to trial.
The other way to reduce the impact of a drug charge may be to negotiate different outcomes than what is proposed, particularly when a defendant has a drug use problem. In many cases, an attorney could negotiate for a defendant to attend a drug treatment program rather than face incarceration. Few people go to jail or prison for drug charges. If they do, it is usually because they are significant drug traffickers.
Any drug charge is intimidating. A defendant faces potential jail, loss of income, and a permanent criminal record that may affect his or her housing and employment options. When someone is not a citizen of the United States, they may face serious immigration ramifications based on a narcotics charge. Almost all narcotics charges could lead to deportation.
If you have been arrested or charged for a violation of Oakland drug laws, do not hesitate to contact an experienced criminal defense attorney. The potential consequences of a narcotics conviction are too severe to leave your case to chance. A knowledgeable attorney could help you navigate the criminal justice process and work to preserve your future.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
